What is the test for instructing a jury on statutory elements?
MultiRegion, United States of America
The following excerpt is from U.S. v. Allen, 56 F.3d 73 (9th Cir. 1995):
Whether a court correctly instructed the jury on statutory elements is a question of law reviewed de novo. United States v. Mundi, 892 F.2d 817, 818 (9th Cir. 1989), cert. denied, 498 U.S. 1119 (1991). "Jury instructions are considered as a whole to determine if they are misleading or inadequate." United States v. Spillone, 879 F.2d 514, 525 (9th Cir. 1989), cert. denied, 498 U.S. 878 (1990).
18 U.S.C. Sec. 924(c)(1) provides in pertinent part:
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